Diablo escapes from patent hell, condemns Netlist to legal purgatory

Court takes DIMM view of flash-as-RAM patent infringement claim

Diablo Technologies, a supplier of Memory Channel Storage (MCS) that makes it possible to present flash disks as memory, says it has seen off a patent lawsuit from rival Netlist.

Netlist claimed Diablo pinched its technology, allowing the latter to get MCS to market faster. That rapid market entry, it's contended, meant Diablo could land plum jobs like its gig with SANDdisk that saw MCS-infused kit land in machines from Lenovo, Huawei and SuperMicro. Netlist ultimately took Diablo to trial, alleging patent infringement.

Diablo today told The Register that, in the past few hours, a jury has “unanimously concluded that there was no breach of contract and that there was no misuse of trade secrets. Further, the jury confirmed Diablo’s sole ownership and inventorship of the '917 patent'.”

Diablo CEO Riccardo Badalone therefore proclaims himself “extremely pleased,” and says he wants to get on with selling MCS to all comers ASAP.

Transcripts of the trial haven't hit the US District Court for the Northern District of California's websites at the time of writing, so details of the jury's thinking and the judge's remarks aren't available. We'll update this story as, and when, that information appears. ®

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